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Chapter 2Policy, Legislation and RegulationoPunish for the offences with a fine not less than Rs.50 and not exceeding Rs.250.The Municipalities are also to:Do the watering of the streetsRegulate the operation of quarrying.Regulate certain kind of cultivation.Clean unsanitary private tank or well which is used for drinking.Regulate bathing of animals, or cloth, or fishing in public watercourses, tanks etc.Remove the filth or nuisance or wild vegetation.Regulate the establishment and operation of burial grounds.Provide opinion on establishing industrial estate or industrial development area whenGovernment or its agency consult the municipalityObtain report from the District Medical Officer before granting /refusing license toindustries likely to cause pollution.2.3.2.3. Kerala Panchayat Raj (Issue of License to Dangerous & Offensive Trades &Factories) Rules, 1996The Kerala Panchayat Raj (Issue of License to Dangerous and Offensive Trades and Factories)Rules notified as S.R.O.No. 76/ 96 on 1996 as per sections 232, 233 and 234 of the KeralaPanchayat Act 1994 imposes certain restrictions for establishment and operation of certaintypes of industries and trades which are offensive or dangerous or nuisance to public health.The prominent aspects of the rules are:159 industries/trades are listed as offensive or dangerous trades/factoriesThe industries/trades in its Schedule require license of the LSGsLSGs to refer application for license in certain cases to the Factories & Boiler Dept.LSGs to refer the application for license to certain industries/trades to the Divisional FireOfficer for ensuring precautionary measures against outbreak of any fireLSGs to refer the application for license to certain industries/trades to the Healthdepartment for its clearance, in order to examine the likelihood of any problems of liquid,solid or gaseous pollution and to avoid the sameEmpower the LSGs to issue necessary direction for the abatement of nuisance caused bythe operation of dangerous and offensive trades and factories. The power includesdirection for abatement of vibration, for prohibition of use of a particular fuel, forrestriction of operation of noise producing machinery or factory between 9.30 p.m. and5.30.a.m.Licensee shall comply with the instructions for disposing the wastes generated safely andfor treating and disposing the liquid wastes without causing nuisance to the neighbors.Ensure that the work place is clean at the end of every working day.Ensure that the rubbish or animal remains or other substances generated are collected anddisposed of to the satisfaction of the Secretary.The system of issuing license has not been backed up with technical know-how or awareness onimplications of the project implementation. The referral system to obtain the opinion ofvarious specialized department is often not working smoothly, as there is significant delay and
Environmental Assessment ReportKerala Local Government Strengthening Projectlack of coordination. The LSGs lack expertise even to integrate the opinions of differentdepartments and arrive at a comprehensive understanding on the implications of the decisions,if implemented. The rule necessitates obtaining opinion on possible pollution from theDepartment of Health, but they lack information and knowledge on these aspects. ThePollution Control Board, who has expertise at the district level to make opinion on pollutionlevel, has not been incorporated into the referral system, thus foreclosing the possibility forpredicting the pollution potential. Therefore, either a single window approach at the districtlevel under the District Panchayat or an Expert Committee at the district level to seek adviceand suggestions for the LSGs to arrive at a decision is necessary.2.3.2.4. The Kerala Municipality Building Rules, 1999The Kerala Municipality Building Rules 1999 lay down certain restrictions on construction ofbuildings for the protection and conservation of environment. The salient features of the rulesare:Necessity of permit system for development and construction of building.Requirement for the removal of all rubbish, refuse and debris from any plot or plotsimmediately on completion of the development or construction.Prohibition of the development or construction at places of deposits of solid wastes,excreta, or other offensive matters.Restriction on land development and construction in any area notified by Government ofIndia as Costal Regulation Zone under the Environment (Protection) Act 1986Prohibition of development or construction in a plot liable to be flooded or located on aslope forming an angle more than 45 degree.Keeping sufficient land unpaved or sufficient opening/ditches in the land to allowpercolation of rainwater in the plot itself. Providing 10% of the total area for recreational space and a minimum of not less than 2acre of open space as a single piece, while developing a plot more than 50 acresProviding sanitation facilities for various types of buildings as specified in the ruleRequiring prior approval of the State PCB for discharge of industrial effluents and sewageRequiring clearance from the State PCB for occupying hazardous materialsCurb on allowing leach pit, soak pit, earth closet or septic tank within a distance of 7.5 mradius from existing well or 1.2 m from the plot boundary.Requiring making roof top rainwater harvesting arrangement as an integral part of all newbuilding or extension.2.3.2.5.The Kerala Protection of River Banks & Regulation of Removal of Sand Act,2001The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 wasintroduced to protect the river banks and river beds from large scale dredging of river sandand to protect their biophysical environment system and to regulate the removal of river sand.This is consequent to the large scale sliding of river banks, lowering of river beds and loss ofproperty and biophysical productivity. The salient features of the Act are:68
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